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Corporations

1997

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Institution
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Articles 1 - 22 of 22

Full-Text Articles in Law

The American Corporation In The Twenty-First Century: Future Forms Of Structure And Governance, Azizah Y. Al-Hibri Dec 1997

The American Corporation In The Twenty-First Century: Future Forms Of Structure And Governance, Azizah Y. Al-Hibri

Law Faculty Publications

This article focuses on corporate governance issues as they relate to the new technological developments and the issue of leapfrogging. I examine various theories about the new technologies and the changes in corporate governance that they may necessitate. I then assess and critique these theories in light of historical and other data. I suggest that our very concept of the corporation will be transformed by the Information Age. I also offer my own view as to the optimal forms of corporate governance that can equip American corporations with sufficient tools to win the accelerating competition anticipated for the next century. …


Asset Securitization And Corporate Risk Allocation, Christopher W. Frost Nov 1997

Asset Securitization And Corporate Risk Allocation, Christopher W. Frost

Law Faculty Scholarly Articles

Asset securitization is a financial innovation in which corporations sell financial assets to a specially formed entity that in turn taps financial markets for the purchase price. The device provides firms an alternative to raising capital through traditional debt and equity markets. Practitioners of the approach tout securitization as a means through which a firm can lower its overall cost of capital by limiting the risk facing investors in the securitized assets. Commentators have described asset securitization as "one of the most important financing vehicles in the United States." Interest in the device is increasing dramatically as more companies see …


Toward Fairness In Compensation Of Management And Labor: Compensation Ratios, A Proposal For Disclosure, James A. Cotton Nov 1997

Toward Fairness In Compensation Of Management And Labor: Compensation Ratios, A Proposal For Disclosure, James A. Cotton

Northern Illinois University Law Review

This article will discuss the general history of executive compensation and the concept of "excessive compensation" as it has developed in corporate America. The article advocates a change in current SEC disclosure requirements which are set out in Appendix A of this article. The development of ratios as a tool of financial analysis is discussed to establish the legitimacy of their use. The author then offers an example of a stockholder proposal to make use of compensation ratios.


Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch Oct 1997

Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen Sep 1997

West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen

West Virginia Law Review

No abstract provided.


Toward A Cohesive International Approach To Cross-Border Takeover Regulation, Edward F. Greene, Andrew Curran, David A. Christman Apr 1997

Toward A Cohesive International Approach To Cross-Border Takeover Regulation, Edward F. Greene, Andrew Curran, David A. Christman

University of Miami Law Review

No abstract provided.


Corporate Philanthropy, Executives' Pet Charities And The Agency Problem, Jayne W. Barnard Jan 1997

Corporate Philanthropy, Executives' Pet Charities And The Agency Problem, Jayne W. Barnard

Faculty Publications

No abstract provided.


A New Approach To Transnational Insolvencies, Robert K. Rasmussen Jan 1997

A New Approach To Transnational Insolvencies, Robert K. Rasmussen

Michigan Journal of International Law

Part I of this article sets forth the general problems associated with transnational bankruptcies. Part II then shows that, from an efficiency standpoint, the optimal solution would be to allow firms to select, at the time of incorporation, which set of bankruptcy rules will govern in the event of financial distress. Part III examines the transnational bankruptcy problem under the assumption that each nation will continue to dictate the content of its bankruptcy laws. The accepted wisdom is that under this assumption, the best solution to transnational insolvencies is for all countries to adopt a rule whereby the home jurisdiction …


West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen Jan 1997

West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen

Journal Articles

We are all familiar with the cliche "if it ain't broke, don't fix it." The sentiment is as applicable to law as it is to the rest of life. When a law does what it is intended to do, legislators and courts should leave it alone. However, when a law no longer serves its intended purpose, it is "broke," and should be revised. The question is whether West Virginia's corporate law is "broke." In 1974, the West Virginia Legislature adopted the West Virginia Corporation Act (the "Act").' The Act brought then modem standards of corporate law to West Virginia. Since …


Dividends, Noncontractibility, And Corporate Law, William W. Bratton Jan 1997

Dividends, Noncontractibility, And Corporate Law, William W. Bratton

All Faculty Scholarship

No abstract provided.


Contemporary Empirical Merger Analysis, Jonathan Baker Jan 1997

Contemporary Empirical Merger Analysis, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Mergers And Acquisitions In The European Community And The United States: A Movement Toward A Uniform Enforcement Body, David Snyder Jan 1997

Mergers And Acquisitions In The European Community And The United States: A Movement Toward A Uniform Enforcement Body, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Limited Liability Company And The Search For A Bright Line Between Corporations And Partnerships, Richard A. Booth Marbury Research Professor Of Law Jan 1997

The Limited Liability Company And The Search For A Bright Line Between Corporations And Partnerships, Richard A. Booth Marbury Research Professor Of Law

Faculty Scholarship

Despite the potential loss in tax revenue, the Internal Revenue Service (IRS) is making it easier and easier to avoid corporate taxes. Witness the advent of limited liability companies and the proposed "check-the-box" regulations. This article takes a look at the real distinctions between -- and policy supporting -- pass-through and entity level taxation and draws the conclusion that entity level taxation will probably become limited to publicly traded entities only.


"Magnificent Circularity" And The Churkendoose: Llc Members And Federal Employment Law, Daniel S. Kleinberger Jan 1997

"Magnificent Circularity" And The Churkendoose: Llc Members And Federal Employment Law, Daniel S. Kleinberger

Faculty Scholarship

This article seeks to explain under what circumstances federal employment statutes should apply to LLC members. Part I recounts the advent of LLCs and describes the essential characteristics of LLCs and their members. Part II explores how federal employment case law handles the employee vel non question and explains the problems in using that case law to determine whether LLC members are "employees" for federal employment law purposes. Part Ill attempts to make sense of that case law and proposes a rule for determining when a business owner can provide services to the business without becoming an "employee." Part IV …


Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross Jan 1997

Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Corporations, Criminal Law And The Color Of Money, Joseph Vining Jan 1997

Corporations, Criminal Law And The Color Of Money, Joseph Vining

Articles

This part of From Newton's Sleep, published by Princeton University Press in 1995 and in a paperback edition in early 1997, is reprinted by permission of the publisher. From Newton's Sleep is a book on the legal form of thought and its meaning for science and religion. It consists of some two hundred and fifty self-contained pieces arranged in eight sections. In its form, the book is much like and is meant to be much like the material with which lawyers routinely deal. Here, Law Quadrangle Notes excerpts a piece that touches on a subject of lively debate today, among …


An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery Jan 1997

An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery

All Faculty Scholarship

No abstract provided.


Questioning Philanthropy From A Corporate Governance Perspective, Jill E. Fisch Jan 1997

Questioning Philanthropy From A Corporate Governance Perspective, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


Taking Boards Seriously, Jill E. Fisch Jan 1997

Taking Boards Seriously, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


The Shareholder Rights By-Law: Doubts From Delaware, Lawrence Hamermesh Dec 1996

The Shareholder Rights By-Law: Doubts From Delaware, Lawrence Hamermesh

Lawrence A. Hamermesh

No abstract provided.


Creditor-Funded Litigation In Corporate Insolvency, Adrian Walters Dec 1996

Creditor-Funded Litigation In Corporate Insolvency, Adrian Walters

Adrian J Walters

No abstract provided.


The Agile Virtual Corporation, Ann E. Conaway Dec 1996

The Agile Virtual Corporation, Ann E. Conaway

Ann E. Conaway

No abstract provided.